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Pharmaceutical Advertising 2015, Turkey Chapter

1 General – Medicinal Products 1.1 What laws and codes of practice govern the advertising of medicinal products in Turkey? In Turkey, advertising of medicines is governed by the Pharmaceutical and Medical Preparation Law No. 1262 (the Law No. 1262) and the Regulation on Promotional Activities of Medicinal Products for Human Use (the Promotion Regulation), which is based on the former. The Promotion Regulation was published on August 26, 2011, came into effect on December 31… »

The liability of Hosting Providers for Trademark Violations in Connection with The Online Sale of Counterfeit Products Under Turkish Law

General Assembly of the Civil Chambers of the Court of Appeal, 2013/11-1138, 2014/6 The Court ruled that website operators will be held liable where the seller whose products are sold through the operator’s website infringes another party’s trade mark. Analysis of the Recent Decision of Turkish Court of Appeal There are no specific regulations governing the liability of online website sale operators in case the primary seller whose products are sold through the online sale… »

Changing Approach of Courts to Bolar Exemption

On June 22 2004 Turkey implemented the Bolar exemption by adding Article 75/1(f) to the Patent Decree-Law (551). Accordingly, regulatory acts such as obtaining marketing authorisation and conducting experiments and tests necessary to obtain marketing authorisations are exempt from the scope of patent rights. The purpose of the Bolar exemption should treated carefully in order to protect the delicate balance between the parties’ legitimate interests. The patent protection term… »

New Body Established to Manage Healthcare Industry

On November 26 2014 a new autonomous administrative body to manage the Turkish healthcare industry was established under Law 6569 on the Establishment of the Presidency of Turkish Healthcare Institutes and the Amendment of Other Codes and Decree Laws, published in the Official Gazette. Presidency of Turkish Healthcare Institutes The Presidency of Turkish Healthcare Institutes aims to provide services in the healthcare science and technology sectors for the benefit of public… »

A New Take on the Concept of Vested Trademark Rights

The Re-examination and Evaluation Board (REEB) of the Turkish Patent Institute (TPI) recently found that prior identical trademark registrations which were less than five years old did not provide the owner with vested rights in favour of a new application, as the registrations were still vulnerable to cancellation (Decision 2015-M-11090, November 26 2015). The REEB accepted the opponent’s appeal and rejected the contested trademark application. Facts On June 28 2013 the… »

Is Turkey Doing Enough to Drive Foreign Direct Investment to Sustain its Domestic Economy?

Owing to its geo-political importance Turkey has long been a popular recipient of foreign-direct investment (FDI). 2014 has seen FDI rise significantly with an increase of 9.8% compared to 2013. Foreign investments also reached USD 8.6 billion according to data released by the Ministry of Economy. Between January and July 2014, some 2373 new companies and branch offices were established and an additional 94 foreign capital participations to existing local companies were also… »

Electoral Advertising in Turkey: How was The Recent Turkish Presidential Election Advertised?

Articles -

Electoral advertising in Turkey is possible under certain conditions stipulated by law. The principal law which regulates the principles of elections in Turkey is the Law on Basic Provisions on Elections and Voters Registers (“Election Law”). According to Article 55/B of the Election Law, the political parties and independent candidates can make propagandas by oral, written or visual advertisements oriented to the voting period in printed media or by way of opening websites… »

Draft Patent Law Brings Barriers to Patent Protection in Turkey

The draft patent law amending the Decree Law numbered 551 Pertaining to the Protection of the Patent Rights (“Patent Decree Law”) is currently the hot button of patent rights in Turkey. Since Turkey adhered to the European Patent Convention (“EPC”) in 2000, there is a bifurcated system differing for both national and European patents validated in Turkey. In order to harmonize the procedures and eliminate the differences, a draft patent law amending the Patent Decree Law… »

Are Second Medical Use Claims Medical Treatment Methods? Evaluation of a Recent Turkish IP Court Decision

Turkey has been a member of European Patent Convention (“EPC”) since 1 November 2000. European Patents, granted by European Patent Office, are validated in Turkey without further examination and protected as a national patent. The competence of EPO in patentability assessment is also respected by Turkish Supreme Court and it has been the case law to take the patentability assessment of the EPO into consideration during national invalidation cases, not only related to European… »

Uncertainty Regarding Legal Status Of Social Security Institution’s Reimbursement Commission

Introduction On June 19 2015 the 15th Chamber of the Council of State stayed the execution of the Directive on the Working Principles and Rules of Procedure of the Reimbursement Commission (July 3 2014). However, the Social Security Institute had already repealed the directive approximately two months before the motion to stay its execution was granted and a new directive containing the repealed provisions in their entirety entered into force on April 30 2015. Accordingly… »

Turkey: A Rising Star In The Pharmaceutical Industry

You are waiting in line, trying to decipher several different languages spoken around you: English, Dutch, German, Arabic, French… This scene is not from an airport but rather from a Turkish hospital: thousands of foreigners, communicating through translators, visit healthcare institutions every day and numbers are increasing exponentially; in the first six months of 2014, 162,445 medical tourists visited Turkey. This is only one of the results of the Health Transformation… »

Copromotion of Pharmaceutical Products

In October 2014 the co-promotion of pharmaceutical products became a top priority for the pharmaceutical sector – including pharmaceutical companies, leading non-profit associations and their legal counsel – after the Ministry of Health sent letters to certain pharmaceutical companies. Cancellation of co-promotion permissions The letters stated that the ministry was cancelling co-promotion permissions which had previously been granted to the pharmaceutical companies and… »

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